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CONCEPTION

OF MIGRATION POLICY

OF THE REPUBLIC OF KAZAKHSTAN

Conception of migration policy of the Republic of Kazakhstan (further referred as – Conception) constitutes the system of fundamental principles, priorities, mechanisms, tasks and methods of regulation and adjustment of migration processes.  Under the regulation of migration processes in the present Conception, the complex of administrative and socio-economic measures, directed towards the stimulation or limitation of the movement of people in the directions, respondent to present and perspective needs of Kazakhstan and providing the realization of migrants’ rights is understood.

Migration processes influence state security, public accord, economic and demographic situation in the country.

Migration policy is the constituent part of the foreign and internal policy of the Republic of Kazakhstan, its realization should become one of the foreground tasks of the state.

Central and local executive bodies are the subjects of migration policy

Non-governmental organizations are called upon to be the partners of state bodies on realization of migration policy.

The conception determines the grounds of migration policy taking into consideration national interests on basis of observance of human rights and freedoms.

The conception is planed for the transition stage for the sustainable development of the country and long-term perspective of stabilization and economic growth.

For the near-term perspective the Conception originates from the political realities and socio-economic situation of the state, which would limit the system of regulation of migration processes of the Republic of Kazakhstan.

Migration policy is based on the Constitution of the Republic of Kazakhstan, universally recognized principles and norms of the international law, international treaties of the Republic of Kazakhstan, Laws of the Republic of Kazakhstan and other normative-legal acts.  Conception considers domestic and foreign experience of regulation of migration processes.

1. Assessment of migration situation

Specificity of Kazakhstan in the sphere of population migration is existence of multinational community, caused by the historical features of development of the state.  Thus, before 1968 positive balance of migration of population was characteristic for the republic, that is the number of arriving persons to the country by far exceeded the number of departing persons.  For example, over the periods from 1950 till 1959 and from 1960 till 1967 migration growth of the republic for the year for 1000 persons of the population on average accordingly constituted 12 and 5 persons. 

However, from 1968 till present time reverse situation arose in the migration process of the republic, that is higher intensity of populations’ departure, rather than arrival to the country. For example, over the periods from 1970 till 1979 and from 1980 till 1989 migration growth of the republic for the year for 1000 persons of the population on average accordingly constituted 5 and 7 persons. 

After the acquisition of independent statehood by the Republic of Kazakhstan, beginning of transformational processes of former Soviet Socialist Republics, expansion of the possibility of return of separate ethnic groups to the historic Motherland, in Kazakhstan, as in many other countries of the Commonwealth of Independent States, developed a tendency of growth of the negative balance of migration.  Thus, for the last 10 years negative balance of migration not only absorbed natural increase of population of this period (natural increase of population shortened by two times, due to drastic decrease in the number of newborns and increase in the number of dead with respect to 1980-s), but exceeded more than 2 times.

Migration situation in the Republic of Kazakhstan is characterized with the following main processes:

1. In emigration prevails the departure of representatives of the Russian speaking part of the population, earlier exiled to Kazakhstan in time of tsarism, deported during Stalin’s regime, sent for developing of virgin and low-fallow lands;

2. In immigration the flow of ethnic kazakhs is predominant, which is caused by the following circumstances:

desire to preserve their national identity;

consequences of military conflicts;

desire to return to the historical motherland.

3. In internal migration:

population outflow from rural area as a result of decline in agrarian sector;

people’s departure from the small and middle sized cities because of the stop of

functioning of hail growing enterprises and processing complexes;

Ecological reasons from the zones of  Testing area in Semipalatinsk and near-Aral regions.

1. Illegal migration, caused by geopolitical situation of the Republic of Kazakhstan, transparent borders with the countries of the Commonwealth of Independent States, lack of unified coordinated policy of the Commonwealth and improvement of legislature.

2. Labor migration, concerned with the attraction of foreign labor force at the abundance of own manpower in the internal labor-market.

3. Presence of refugees, caused by the unstable social and political situation in several states.

Joining of the Republic of Kazakhstan to the Convention of the UN on the status of refugees 1951 and to the protocol to it of 1967 imposes certain responsibilities on admission of persons, claiming to the refugee status.

Solution of migration problems is determined by the perspectives of stabilization of social and economic situation in Kazakhstan

Objectives and principles of migration policy

The objective of migration policy – management of migration processes, provision of stable demographic development, strengthening of state security and arrangement of conditions for the realization of migrants’ rights.

Migration policy of the Republic of Kazakhstan is based on the principles:

observance and protection of migrants’ rights, inadmissibility of their discrimination on the basis of race, nationality, language, origin, religion, political conviction, affiliation with definite social group;

ensuring the implementation of provisions of laws in the sphere of regulation of migration processes and international obligations;

combination of interests of the individual and the state, joint operations of all branches of the state power and non-governmental organizations;

protection of interests of the people of the Republic of Kazakhstan concordance of priorities of Kazakhstan and states – partners in migration processes on the basis of equal co-operation;

ensuring of the rights and lawful interests of local population and migrants.

3. Priorities, main directions in realization of migration policy

Analysis of current situation of migration policy and perspectives of its development allows to determine: first, priorities in solving of migration problems; second, main directions, mechanisms of their solution during transitional stage and elaborate the program of regulation of migration processes and the plan of its realization on a long-term perspective – period of social and economic stabilization and sustainable development of the country.

The most substantial priorities of migration policy are the following:

for solution of issues of the transitional period:

conceivable assistance in oralmans’ settlement, their adaptation in places of settlement and integration into local social environment, psychological rehabilitation of persons, having suffered military conflicts; 

preventing and averting the flows of the forced migration, including illegal and negative consequences caused by it;

ensuring conditions for the fastest integration into the social environment of persons recognized as refugees, and their voluntary return to the countries of  their descent.

creation and development of the system of immigration control on the territory of the Republic of Kazakhstan;

ensuring regulation of internal and external labor migration;

for the long-term perspective:

creation of socio-economic prerequisites and on this basis reorientation of migration flows;

creation of the conditions for preservation and subsequent formation of the increase in the number of population in important geopolitical regions of Kazakhstan;

ensuring integration of Kazakhstan into international labor market, stimulating return of kazakh emigrants, especially qualified specialists;

ensuring controllability of immigration processes by means of introduction and implementation of the unified system of migration control on the territory of the Republic of Kazakhstan;

support and development of constructive relations with countrymen abroad.

Main directions, mechanisms of realization of migration policy.

For the transitional period:

1. conceivable assistance in oralmans’ settlement, their adaptation in places of settlement and integration into local social environment, psychological rehabilitation of persons, having suffered military conflicts.

Integration of oralmans at the new place assumes:

creation of necessary conditions and rendering assistance in realization of basic rights and freedoms guaranteed by the State.

elaboration and implementation of activities of public assistance, creation of the system, allowing to return and reinvest budgetary funds spent on arrangement, rendering assistance in job placement and retraining of unemployed, stimulating the interest of business initiatives, ensuring real access to the systems of social security.

The most effective linking of assistance programs to oralmans with programs of socio-economic development of regions implies:

consideration of interests of local population.  It is necessary to bar from the rise of discontent among local population, during the assistance to oralmans, development of infrastructure in the regions of their compact settlement.  At the same time it is necessary to consider ethnical, cultural, language and confessional distance, distance between arrived migrants and local population;

the choice of acceptable domiciles both for the local executive bodies and oralmans;

informing of population on the problems of adaptation and integration of oralmans with broad use of mass media.

2. Preventing and averting the flows of the forced migration, including illegal and negative consequences caused by it;

The most important direction of preventing the forced migration from other countries is comprehensive registration of migration flows, improvement of legal base and research of the socio-economic situation of fellow countrymen, when establishing bilateral relations with a foreign countries by the Republic of Kazakhstan.

Bodies of the state power will contribute to the fastest conclusion and practical realization of bilateral and multilateral agreements, regulating the processes of resettlement of citizens and protection of their rights.

Central and local executive bodies will contribute to the receipt by ethnical kazakhs,  living in the states of the Commonwealth of the Independent States and far abroad, objective information on conditions of movement, getting of the status of oralman and residence in the Republic of Kazakhstan.

Conduction of monitoring of ecological situation is necessary in all regions of the Republic of Kazakhstan. In case, if situation will not comply with the norms, established for the vital functioning of population, central and local executive bodies will accomplish the activities on liquidation of the causes of ecological disturbance, and in case of impossibility to accomplish the above – accomplish the complex of activities on population resettlement and attraction to finance these activities by the enterprises and organization with all forms of the property, which activities led to ecological disturbance.

It is necessary to elaborate and conduct activities on limitation of migrants’ flows to the regions with poor ecological conditions.

3. Voluntary return of forced migrants and refugees to the states of their descent is one of the main directions of migration policy, implementation of which assumes:

individual approach to each specific person;

willingness of the interested person to return to the permanent place of residence;

participation of the government in the process of return;

banning of discrimination and observance of human rights, consideration of national customs and traditions;

existence of comprehensive and objective information on the situation in the region of return.

Central and local executive bodies should contribute to receipt of such information, including the information from independent sources. An important role, play the international and non-governmental organizations, watching the situation in the sphere of observance of human rights and personal security.

4. Creation and development of the system of migration control.

Suppression of illegal migration is an important factor of ensuring the security of the Republic of Kazakhstan, protection of its economic interests and interests of the citizens of the Republic of Kazakhstan.

Existing system of migration control in Kazakhstan is not adequate to the current state of affairs in illegal migration.  That is why, when organizing management of migration processes it is necessary to proceed from the conditions of execution of international obligations by the Republic of Kazakhstan, realization of human rights and protection of national interests of the state, including ensuring of its security.

New problems for Kazakhstan connected with the inflow of immigrants: in the first place with the inflow of illegal immigrants, require coordinated efforts of the state bodies within the limits of their competence.

Illegal immigrants, arriving to Kazakhstan and staying on its territory are more mobile and prepared to the actions to achieve their goals, finding assistance from their Diaspora’s and communities.

The basis for prevention and suppression of illegal migration must become complex approach for the solution of this problem and joint actions of the executive bodies in the following directions:

acceleration of the process of creation of the efficient unified system of immigration control;

improvement of migration legislation, stipulating on the one hand, protection of legal rights of migrants, from the other hand – taking measures, including implementation of deportation of foreigners and stateless persons, breaking the law of the Republic of Kazakhstan;

creation of conditions for the fastest integration into the socio-economic sphere of persons, recognized as refugees;

creation of network of specialized centers of temporary accommodation for foreigners and stateless persons, lacking definite legal status;

stirring up of the agreement process with each member state of the Commonwealth of the Independent States and conclusion of appropriate agreements in the framework of the Commonwealth, which would clearly define obligations and responsibilities for the situation in internal and external borders, in struggle against illegal migration;

the rise of responsibility of local executive bodies within the bounds of existing legislation of the Republic of Kazakhstan for the observance of norms and rules of foreigners and stateless persons stay on the territories within their jurisdiction;

improvement of the activity of the state bodies on the issues of entry, stay and departure of foreigners and stateless persons and consolidation of cooperation and interaction between them;

formation in the scale of the state system of unified registration of foreigners and stateless person, constantly allowing to have the information on their numbering, places of their accommodation, formation of Diasporas and communities out of them on the ethnical and other basis (migration information center).

5. Regulation of labor migration

To central and local executive bodies is necessary to implement measures on reinforcement of interaction in solution of problems of labor migration, including the control for the attraction and usage of foreign labor force, protection of domestic labor market, ensuring the priority right of kazakh citizens for occupation of vacant work places, legalization of working-migrants arriving to the territory of the Republic of Kazakhstan, maintenance of the conditions of labor contracts by employees.  Implement measures on struggle against illegal labor migration and organize control for the timely departure from Kazakhstan of foreign employers by the conclusion of work and deportation of foreigners, accepted for employment with violation of the existing legislation.

It is expected to transform productive forces of the country, at which the primary development of the country will be concentrated in western, northern, eastern, and southern regions. In the central region the cities and villages, specializing in mining and processing fields will reserve primary development.

Rural population will move from the zones with the low natural fertility to the zones with higher fertility not lower than 60-90 degrees of cadastral valuation of the land.

In the agriculture creation of new working places in the zones with favorable weather and climate conditions is expected, and vice versa, in the zones lower than 50 degrees of cadastral valuation of the land the curtailment of farming industry and population outflow as a result of reduction of working places.

Population policy will stipulate active measures, contributing to the population outflow from the zones of inefficient industry to the regions favorable for residence and work.

Existing migration of able-bodied citizens from village to the city will be put in order and formed in the new proportion, at which 25% of population will remain residing in the village.

New working places will create the rise of migration of economically active population.  Population migration will be carried out in accordance with the allocation of productive capacities and with consideration of creation of working places.

Able-bodied citizens of the country will move to the zones of effective land tenure and developed infrastructure.

For the long-term perspective:

1. Placing of population on the basis of reorientation of migration flows by means of directional socio-economic policy.

According to normalization of socio-economic situation in the country, together with the traditional direction of migration from village to the city, the new direction might appear, consisting from movement of population from southern regions to northern ones.

Migration from the village to the city meets the long-term interests of kazakhstani community, if it bases on the accelerated development of the fields of agricultural economy, increase of labor productivity at the observance of the principle of adequate provision of internal market by industrial goods.

The state, represented by the central and local executive bodies, will reserve for itself responsibility for the development of infrastructure and social sphere.  

Attraction of labor force to the competitive enterprises of private sector, including recruitment of employees, their resettlement and granting all types of privileges, compensating discomfort living and work conditions, would be carried out at the expense of the enterprises.

2. Ensuring civilized integration of Kazakhstan into international labor market, stimulating return of qualified specialists from among emigrants.

Republic of Kazakhstan in the frames of limitations, applied to it by the international treaties, will carry out regulation of external migration for the purpose of protection of economic interests, including internal labor market.

When attracting foreign labor force, Republic of Kazakhstan will be guided by the geopolitical and economic interests, carrying out first and foremost admission of migrant-workers, bearers of high qualification, valuable and insufficiently represented on the internal market of professions and specialties.

The important task is stimulating the return to Kazakhstan of fellow countrymen, earlier departed abroad for the permanent residency or on labor contracts, in the first place scientists, other categories of highly qualified specialists, businessmen – potential investors.

3. Ensuring controllability of immigration processes on the territory of the Republic of Kazakhstan assumes:

introduction and implementation of the unified immigration control by means of development and improvement of the activity of migration bodies, including posts of migration control and migration inspection;

creation of political and socio-economic conditions for the fulfillment of the international obligations on admission of persons, seeking an asylum;

elaboration of specialized programs on fastest integration and creation of the conditions for using in the interests of the republic intellectual and working potential of immigrants.

4. Support and development of constructional relationships with country fellowmen abroad.

In the perspective in different states, mainly on the territory of the former Soviet Socialist Republics, will exist sufficiently numerous Diasporas, bounded up with Kazakhstan by ethnic roots.  Central and local executive bodies will conduct the policy of priority-driven development mutually beneficial political, economic and cultural ties with the above mentioned states and implement complex of measures on:

assistance to the cognate relations, simplification of the procedures of border crossing and stay on the territory of the Republic of Kazakhstan;

ensuring preferences for the fellow countrymen, residing in the foreign states, as compared to other foreigners in case of  priority-driven access to the implementation of labor activity and investment projects, study, granting of citizenship and residence permit in the Republic of Kazakhstan;

development of border cooperation, including realization of joint economic and cultural projects.

5. Ensuring conditions for the fastest integration into the social sphere of the persons, recognized as refugees.

Depending on real socio-economic conditions, having formed in Kazakhstan, specific character of market relations’ elaborate mechanisms of integration into social sphere of the persons, recognized as refugees.

5. Objectives of migration policy

When realizing migration policy, the following objectives are set before the bodies of the state power of the Republic of Kazakhstan and non-governmental organizations:

1. In the sphere of foreign policy:

elaboration and implementation on intergovernmental level bilateral and multilateral format mechanisms of solution of the problems of oralmans, refugees and forced migrants;

cooperation of the states – members of the Commonwealth of Independent States in conflicts prevention and peaceful solution of regional and peaceful problems

conclusion of the interstate agreements by the Republic of Kazakhstan on regulation of migration processes and exchange of appropriate information with the migrants’ countries of origin.

harmonization of national legislatures on the issues of migration;

joining of Kazakhstan to bilateral and multilateral agreements on the rights of migrant-workers;

achievement of the interstate and intergovernmental arrangements on simplification of border trade, facilitation of cultural, social and living conditions and other contacts.

assist in realization of the rights of country fellowmen to the competent political, socio-economic and cultural development in the countries of residence and ensuring religious and other ties with Kazakhstan;

interaction with migration services of the foreign countries, international non-governmental and humanitarian organizations for the interest of solution of migration problems.

2. In the sphere of internal policy and socio-economic sphere:

creation of the conditions for development, evolution of the state addressing social assistance and support of oralmans;

coordination of priorities of demographic and migration policy with the main directions of socio-economic reforms of the Republic of Kazakhstan;

elaboration and realization of migration programs, considering priorities of migration policy;

inclusion of the complex of measures on setting up of oralmans as a part of regional programs of socio-economic development;

monitoring of socio-economic situation in the regions of the republic, at the markets of labor, housing and public spheres;

interaction with non-governmental organizations, rendering assistance to oralmans;

elaboration of normative legal acts, stipulating the issues of control on entry and departure of foreign citizens and stateless persons, as well as their stay on the territory of the Republic of Kazakhstan.

3. In the sphere of legislation – adoption of laws of the Republic of Kazakhstan and other normative legal acts, relating to migration policy.

4. In the information sphere:

formation and dissemination of ideas of spiritual unity, friendship of nations, public and international accord;

dissemination of attainments of history and culture of the Republic of Kazakhstan;

consideration of national customs and traditions of migrants;

assistance to mass media on unbiased coverage of legal and socio-economic situation of migrants;

formation of positive public opinion, contributing to the effective solution of migration problems;

unbiased information of the population of the Republic of Kazakhstan on specific character of psychology of migrants, motivation and problems of migrants, complexities of their adaptation;

establishment of the systems of collection and distribution of the information on investment projects in the sphere of migration.

5. Forms and methods of realization of migration policy

The main form of realization of migration policy is a program and purposeful method – elaboration and realization of republican migration programs, other task programs, regional programs of local executive bodies, aimed at the solution of migration problems.  Programs should provide for legal, organizational and economic measures, including differential approach to solution of problems of different categories of migrants.

Considering comprehensive character of influence of migration processes on the state security, public accord, economic and demographic situation in the country, central and local executive bodies should participate in elaboration and realization of migration policy.